Department of Energy 2012 Congestion Study

Vol. 27No. 1

Scott B. Grover

Mr. Grover is a partner in the Birmingham, AL, office of Balch & Bingham LLP and a member of the editorial board of Natural Resources & Environment.

Later this year, the U.S. Department of Energy (DOE) is expected to release its 2012 National Electric Transmission Congestion Study (2012 Congestion Study). The 2012 Congestion Study will be the third such study since Congress, as part of the Energy Policy Act of 2005 (EPAct 2005), added Section 216 to the Federal Power Act and authorized DOE to undertake triennial studies of electric transmission congestion. 16 U.S.C. § 824p. The return of the study finds its context in a state of flux. And the ultimate impact this uncertainty will have on the study is somewhat of an open question that, depending on how resolved, could serve to either improve or fray future interactions between state and federal regulatory authorities and the entities under their respective jurisdiction.